PM PROJECT SERVICES LTD v DAIRY CREST LTD

[2016] EWHC 1235 (TCC), Technology and Construction Court, Edwards-Stuart J, 13 June 2016

Variation of a contract - Whether supported by consideration - Whether claimant barred by estoppel from obtaining payment of invoice

The claimant consultants submitted an invoice on 18 December 2015 for £784,661.97 which it claimed was due under a deed of variation entered into between the parties. The defendant denied that it was liable to pay the sum claimed on the ground that the parties had entered into a binding agreement under which the claimant had agreed to defer submission of the invoice until at least the achievement of completion of the works by the main contractor. The claimant made an application for summary judgment and so the onus was upon the claimant to show that any defences relied upon by the defendant had no real prospect of success.